State: No voter fraud in Driscoll

Two candidates contest results of May 12 vote

DRISCOLL -- A report from a state election inspector found no evidence of voter fraud in the city's May 12 municipal election, according to the Secretary of State's office.

Former Mayor Ted Ozuna and city commission candidate Richard Falkenberg are contesting the results of the election in the town of about 850 residents, contending there were violations of the state's Election Code.

The Driscoll City Commission is made up of the mayor and two city commissioners. Ozuna, was the incumbent going into the election, when Mike Perez beat him by 27 votes. John Aguilar bested Falkenberg by 10 votes.

In the eight-page report by state election inspector Irene Diaz, covering polling place accessibility, electioneering and loitering, paperwork, voter assistance, bilingual assistance, procedures and activity at the polling place among other issues, Diaz found no irregularities.

Corpus Christi attorney Robert Heil, who is representing Ozuna and Falkenberg, said he has information proving that at least 10 people who are not Driscoll residents were allowed to vote in the city election. In the lawsuit, Ozuna and Falkenberg contend their opponents may have participated in bribery or fraud related to the election.

Neither Perez nor Aguilar has a listed phone number and Driscoll City Hall would not supply their phone numbers.

Nueces County Clerk Diana Barrera, who oversaw the Driscoll election because it coincided with the county's state constitutional amendment election, said candidates and their supporters voiced concerns before the election -- including who would work at the polls -- because outside election judges might not know who the residents were. There also were questions about why a polling place was moved to a county building from the school district, where it originally was supposed to be.

Barrera moved the election back to the school, and asked for a state inspector because of the allegations flying back and forth between political camps, she said.

"I was out there myself early in the morning, because I told them I was in control of the election and who would be working," she said. "It got nastier and nastier. Now there are all these allegations but none are against the county clerk. They say they have witness affidavits, but I don't know that it's true."

Heil said Thursday afternoon that he had not seen the report from the Secretary of State, but he and his clients stand by what they have, including witness statements.

"We believe that it is accurate and we will pursue it to the fullest extent of the law," he said.